ordered by the said court, in the said cause, in the words following Upon reading the rule made in -, it is ordered, that the time limited for the arbitrator making his award between the parties, be further enlarged until the last day, inclusive, of this same term. Now know ye, that I, the said A. C., having taken upon myself the burden of the said reference, and having heard, examined, and considered the allegations, witnesses, and evidences of both the said parties, do hereby award, order, and finally determine the said cause in favour of the said plaintiff : And I do hereby find and award, that [the sum of ninety pounds was and still remains due from the said defendant to the said plaintiff: And I do further award and direct, that the said defendant do, upon demand, pay to the said plaintiff, or his attorney, the said sum of ninety pounds, together with the costs of this action, to be taxed by the Master, and that the said cause be no further proceeded in: And I do further award and direct, that each of the said parties do pay and bear their own costs of this reference; and that the said plaintiff do pay the expenses of this my award, and that the said defendant do, upon demand, repay to the said plaintiff or to his attorney one moiety thereof.

Signed and published by the within-named

A. C. this day of —, 18-, as

his award, (being first duly stamped,) in the presence of

B. E.

A. C.

AFFIDAVITS.

In the Queen's Bench, [or "Common Pleas," or "Exchequer of Pleas."

Between John Nokes, plaintiff,

and

Joseph Styles, executor of the last will and testament of John Styles, deceased, defendant.

Joseph Styles, of Russell Square, in the county of Middlesex, merchant, the above-named defendant, Henry Smith, of Furnival's Inn, Holborn, in the County of Middlesex, gentleman, attorney for the said defendant, George Dunn, clerk to the said Henry Smith, and James Fraser, clerk to Thomas Andrews, of Serjeants' Inn, Fleet-street, in the city of London, attorney at law, severally make oath and say: And first, "this deponent, Joseph Styles, for himself, saith that," [&c.] ; And this deponent further saith that," [&c.] "And this other deponent, Henry Smith, for himself, saith that," [&c.] "And this deponent, George Dunn, for himself, saith that, [&c.] "And this deponent, James Fraser, for himself, saith that, [&c.] "And this deponent, Joseph Styles, for himself, further saith that,"

[&c.] "And these several deponents, Joseph Styles, Henry Smith, George Dunn, and James Fraser, further say that,"

[&c.]

If sworn by two or more persons, the jurat must be thus :] The above-named deponents, Joseph Styles, Henry Smith, George Dunn, and James Fraser, were severally sworn [&c. as above.]

[Ante, p. 271.]

APPENDIX II.

The following questions of practice, will aid the younger members of the profession in detecting errors in the proceedings of their adversaries, and will at once indicate the mode of taking advantage of such errors.

NEW TRIAL.

Is a verdict given against a party, either from misdirection
of the judge, 1, or from the rejection of evidence, 2,
or the wrong admission of evidence, 3; or is the verdict
against evidence, 3, or given for excessive damages, 4,
(but not usually for smallness of damages, 5,) or
wrongly given from default or misconduct in the jurors,
5, the witnesses, 6, or parties, 7, or the party's attor-
ney, 9, or of the sheriff or other officer, 9, or from
irregularity at the trial, 9, (but not usually for error in
the pleadings, &c., 10), or from the party being taken
by surprise, 11?-Move for a new trial. How, in cases
of contested rights to land, &c., 12; how in penal
actions, 12; or in hard or trifling actions, 12.
Does the judge at the trial wrongly nonsuit a plaintiff?
-Move to set aside the nonsuit. 13.

Is the verdict given, with liberty to move to enter a non-
suit?-Move accordingly. 14.

Upon the execution of a writ of inquiry, is the verdict
wrongly given, under such circumstances that a verdict
in a trial at nisi prius would be set aside?- Move to set
aside the execution of the writ of inquiry. 14.
Is the verdict, given upon a writ of trial, objectionable
for any of the causes for which a verdict at nisi prius
will be set aside ?-Move to set it aside. 14, 16.

Is the motion for a new trial, or to set aside a nonsuit,
&c., made within the time limited?-If not, sign
judgment and tax costs, &c., 16.

How, in case of an issue from a court of equity, 17; how, where the record is made up in the Common Pleas, at Lancaster, 17.

Is the motion to be made on affidavit?-You may use affidavits in shewing cause. 17.

Have circumstances occurred, which render it necessary that the rule for the new trial, if granted, should be granted upon certain terms?-In shewing cause, get the terms made part of the rule. 18, 19.

Is the party entitled to the new trial only upon payment of costs?--In shewing cause, get the payment of costs made part of the rule. 19-21.

VENIRE DE NOVO.

Is the finding of a jury imperfect or defective ?-Move for a venire de novo. 21.

ARREST OF JUDGMENT.

Is there any defect in substance appearing upon the face of the record?-Move in arrest of judgment, 23, or bring a writ of error. 135.

JUDGMENT.

Is execution sued out before judgment signed ?-Irregu-
larity. 24.

Is judgment signed too soon?-Irregularity. 24.
Is the judgment entered in the book of the senior master
of the Common Pleas ?-If not, it does not affect
lands as to purchasers, mortgagees or creditors. 25, 26.
Does a party, against whom judgment is obtained, become
bankrupt within a year after it is entered up?-Judg
ment gives the judgment-creditor no preference over
the other creditors. 27, 28.

After service upon the bank or public company, of judge's
order to charge stock with the amount of a judgment
and interest,-does the bank, &c., allow the stock to
be transferred ?-Bank, &c., liable for the amount to the
judgment-creditor. 28.

If after charging stock, does the judgment creditor take or charge the debtor in execution?-He thereby relinquishes the order. 29.

STATUTORY JUDGMENTS.

Is a rule &c., for money or costs unpaid?-Sue out execution upon it. 30, 31.

Is a judgment of an inferior court, or any rule of such court for payment of money, unpaid?-Remove it into one of the courts at Westminster, and sue out execution. 31, 32.

JUDGMENT NON OBSTANTE VEREDICTO.

Is a plea no answer to the action, and bad after verdict, and the verdict thereon found for the defendant?Move for judgment non obstante veredicto. 33.

SCIRE FACIAS.

Is the judgment more than a year old, without execution sued out upon it?-Revive it by sci. fa. 34.

Has execution been sued out within a year?-Any other writ of execution may be sued out afterwards, without sci. fa. 34.

Has the defendant waived the necessity of a sci. fa.?-
He cannot afterwards object to a writ of execution
sued out without it. 34.

Is the writ of sci. fa. misdirected ?-Irregularity. 34.
Is the writ tested or returnable out of term?-Irregu-
larity. 35.

Is there 15 days between the teste and return, if but one
writ, or between the teste of the first and the return of
the second, if there be two writs?-If not, irregu
larity. 35.

Does the writ pursue the judgment?-If not, irregu larity. 36.

Is the judgment more than 10 years old?-Rule or
judge's order. 36.

Is the judgment more than 15 years old?-Rule nisi. 36.
Is the sci. fa. sued out without such rule or order?-
Irregularity. 36.

Is there any irregularity in the writ ?-Plaintiff may move
to quash it. 36.

Is judgment signed without leave of the court, where the tenant has not been summoned ?-Irregularity. 37. Is the motion for leave made within a reasonable time after the return of the writ ?-If not, the rule will not be granted. 37.

Is there a variance between sci. fa. and the declaration thereon?-Irregularity. 38.

Is the execution on the original judgment, instead of on the judgment of sci.fa. ?-Irregularity. 38.

REMITTITUR DAMNA.

Do the jury give greater damages than are laid in the declaration ?-Enter a remittitur of the excess. 33. Where the verdict is given severally on each count, is one of the counts bad?-Enter a remittitur of the damages found upon that issue. 38.

Do the jury give damages where they ought not ?-Enter a remittitur. 38, 39.

COSTS.

In all personal actions, (except trespass and case) where the debt or damages are under 40s., does the judge certify under stat. 43 Eliz. c. 6. ?-If so, no more costs than debt or damages. 40.